Sanjiv Kumar Thakur v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31068 of 2015 Arising Out of PS.Case No. -94 Year- 2015 Thana -DUMRA District- SITAMARHI ======================================================
1. Sanjiv Kumar Thakur Son of Gajendra Narayan Thakur Resident of village - Masaha, P.S. Parihar, District - Sitamarhi, Proprietor of Om Shanti Rice Mill, Masaha, P.S. Parihar, District - Sitamarhi .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Bihar State Food & Civil Supplies Corporation Ltd., Sitamarhi through the District Manager, Sitamarhi .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Khurshid Anwar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 409, 420, 34 of the Indian Penal Code.
The prosecution case is that petitioner being rice miler was supplied 1520 quintals of paddy under an agreement by Sitamarhi unit of The Bihar State Food & Civil Supplies Corporation during agriculture years 2012-13. The petitioner was supposed to supply 1018.40 quintals of custom milled rice but he supplied only 270 quintals of processed rice and failed to supply 748.40 quintals of processed rice worth Rs. 1,62,075/-.
It is submitted by learned counsel for the petitioner that petitioner has already deposited a cheque of Rs.
Patna High Court Cr.Misc. No.31068 of 2015 (2) dt.04-08-2015 2/2 2,00,000/- drawn in favour of The Bihar State Food & Civil Supplies Corporation, Sitamarhi which has already been credited in the account of The Bihar State Food & Civil Supplies Corporation.
Mr Awadhesh Kumar Singh, learned counsel for The Bihar State Food & Civil Supplies Corporation has not disputed the contention of the petitioner. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 94 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T